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Hospitality
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April 26, 2024
Blackstone Must Face Claims Of Price-Fixing At Vegas Hotels
A Las Vegas hotel price-fixing suit against Blackstone and others has survived the private equity firm's motion to dismiss, with a Nevada federal judge ruling the plaintiffs had shown enough to allege Blackstone was in control of one of the target hotels, the Cosmopolitan Hotel, at the time of the alleged scheme.
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April 26, 2024
Flight Attendants Seek Class Status In FMLA Penalty Suit
Former and current Southwest flight attendants have asked a California federal judge for class status in their suit claiming the airline punished workers who took family or medical leave by blocking them from improving their disciplinary records, arguing that their allegations are best resolved collectively.
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April 25, 2024
Rubrik Leads Trio Of IPOs That Buoy Recovering Market
Three companies debuted trading Thursday following initial public offerings that raised nearly $1.4 billion combined under guidance from six total law firms, including two offerings that priced above range by data security firm Rubrik and aerospace company Loar, providing fresh energy for a strengthening IPO market.
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April 25, 2024
Celebrity Cruises' Morgues Are 'Run To Fail,' Family Claims
The family of a man who died aboard a Celebrity Cruises ship and whose body decomposed after being stored in an ill-equipped cooler is urging a Florida federal judge to reject the cruise line's bid for an exit from its suit, arguing the company's "run-to-fail" maintenance programs for its shipboard morgues made it inevitable a morgue would break while storing a body.
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April 24, 2024
Filipino Workers' $730K Trafficking Deal Gets Judge's Initial OK
An Oklahoma federal court preliminarily approved a $730,000 settlement on Wednesday that would resolve Filipino workers' claims that a local couple tricked them into paying steep immigration and recruitment fees to come work for them in the U.S.
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April 24, 2024
9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order
The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.
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April 24, 2024
Hawaii High Court Affirms Timeshare Property Tax Is Legal
Timeshares in Maui County, Hawaii, were properly taxed using a timeshare property classification because the classification is both constitutional and in line with the county's code, the state Supreme Court affirmed.
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April 24, 2024
Bill O'Reilly Can't Duck Canceled Cruise Suit, Customer Says
Bill O'Reilly cannot use his New York ties to shrug off a proposed class action, a man denied refunds for a canceled cruise has told an Arkansas federal court, arguing the former Fox News host and others gave the court jurisdiction when they launched a nationwide marketing campaign for the trip that reached Arkansas residents.
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April 23, 2024
Investor Seeks Recovery From R. Kelly, Foxwoods Fallouts
An investor has filed a Connecticut suit to recover a New York settlement worth nearly $877,000 after revolving credit deals and a security agreement surrounding a concert series that was headlined by since-imprisoned R&B artist R. Kelly at the Foxwoods Resort Casino fell apart.
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April 23, 2024
Justices Probe NLRB's Burden In Starbucks' Injunction Appeal
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
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April 23, 2024
Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty
A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.
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April 23, 2024
Firefighters Want LA County's Early Win Bid Axed In Hotel Suit
Los Angeles County firefighters urged a California federal judge to deny the county's bid for an early win in their suit alleging they weren't paid for time they spent quarantined in hotels during the COVID-19 pandemic, saying the motion attempts to use the courts as a "pawn to escape liability."
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April 23, 2024
Pa. Roller Coaster Closure Throws Pass Buyers For A Loop
The flagship roller coaster at a Pittsburgh-area amusement park has had its ups and downs since its opening, but a last-minute announcement that it would be closed all year left season pass customers jolted and jilted, according to a potential class action one pass holder filed in state court.
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April 23, 2024
Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine
A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.
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April 23, 2024
Judge Quiets NY Outdoor Stadium For Frazzled Neighbors
A state judge has temporarily muffled the activities of a century-old outdoor stadium in New York, ordering it to hire an independent contractor to monitor noise levels and to place barricades that prevent concert-goers from wandering into nearby neighborhoods.
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April 23, 2024
Downtown Chicago Hotel Hits Ch. 11 With Up To $50M In Debt
A defunct hotel near Chicago's commercial center has applied for Chapter 11 protection in Delaware bankruptcy court, disclosing between $10 million and $50 million in debt, a few months after the city government converted the property into a shelter for unhoused people.
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April 22, 2024
Judge Finds Feds Own Historic Virgin Islands Resort
A U.S. Virgin Islands federal judge has found the government owns the title to the historic Caneel Bay resort on a St. John peninsula, ruling against an operator in a dispute that arose after the resort suffered damage from back-to-back Category 5 hurricanes in 2017.
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April 22, 2024
Seattle Property Owners Can't Use COVID To Stop $160M Tax
A Washington appeals court said on Monday that Seattle can keep a $160 million property tax to pay for waterfront improvements, in an opinion that rejected an argument that diminished property values after COVID-19 should force the city to recalculate the tax.
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April 22, 2024
Gambling Co., Casinos Battle Over Shuffler Antitrust Claims
Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.
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April 22, 2024
Ralph Lauren Can Continue Appeal Of COVID Coverage Loss
The Third Circuit on Monday lifted a stay that sidelined a Ralph Lauren Corp. appeal of a district judge's ruling that the fashion retailer failed to show insurable physical damage to stores from the COVID-19 pandemic, sending the case to an appellate motions panel with three similar actions.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
PE-Backed Cruise Operator Viking Sets Sights On $1B IPO
Private equity-backed cruise operator Viking Holdings Ltd. on Monday set a price range on an estimated $1 billion initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Latham & Watkins LLP, marking the latest test of the IPO market's nascent recovery.
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April 19, 2024
5th Circ. Revives Six Flags Investor Suit Again
The Fifth Circuit has once again restored a securities fraud class action against Six Flags over the amusement corporation's botched plans to expand in China, saying the lower court inappropriately decided the lead plaintiff lacked standing and wrongly denied another plaintiff a chance to lead the suit.
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April 19, 2024
Casino SPAC Can Return Money, Not Shares, Chancery Rules
Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.
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April 19, 2024
Tex-Mex Chain Tijuana Flats' New Owner Puts It In Ch. 11
Fast-casual Tex-Mex dining chain Tijuana Flats said Friday it has changed ownership and filed for Chapter 11 protection in Florida bankruptcy court with more than $10 million in debt.
Editor's Picks
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Foley Reps Hospitality REIT In $260M Buy Of Texas Property
Foley & Lardner LLP said it has represented real estate investment trust Ryman Hospitality Properties Inc. in its $260 million acquisition of the Block 21 mixed-use development complex that occupies an entire city block in downtown Austin, Texas.
Expert Analysis
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.